Document Jerome_doc_94ad637e94

City of Jerome Planning & Zoning Agenda City Council Chambers, 100 East Avenue A, Jerome, ID 83338 City Administrator Mike Williams, City Planner Ida Clark COMMISSION MEMBERS: Chairman Rod Mink; Commissioners Jeff Schroeder, Paul Johnson, Benjamin Reed, and Shonna Fraser SPECIAL MEETING July 23, 2025 7:00 p.m. Please Note: Speakers who have been given the floor may be limited to three minutes of discussion. Any item can be added or removed from the consent calendar prior to the meeting. 1. Call to Order & Roll Call 2. Public Hearing for AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF JEROME, IDAHO, AMENDING JEROME MUNICIPAL CODE SECTION 17.14.010 TO INCLUDE ACCESSORY DWELLING UNIT IN THE SCHEDULE OF DISTRICT REGULATIONS; UPDATING SECTION 17.03 RULES AND DEFINITIONS FOR ACCESSORY USE OR STRUCTURE AND INCLUDING THE DEFINITION IN 17.03.180 TO INCLUDE ACCESSORY DWELLING UNIT; AMENDING SECTION 17.18.020 SUPPLEMENTAL GENERAL PROVISIONS TO INCLUDE STANDARDS FOR ACCESSORY DWELLING UNIT; AND PROVIDING FOR AN EFFECTIVE DATE. 3. Consider AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF JEROME, IDAHO, AMENDING JEROME MUNICIPAL CODE SECTION 17.14.010 TO INCLUDE ACCESSORY DWELLING UNIT IN THE SCHEDULE OF DISTRICT REGULATIONS; UPDATING SECTION 17.03 RULES AND DEFINITIONS FOR ACCESSORY USE OR STRUCTURE AND INCLUDING THE DEFINITION IN 17.03.180 TO INCLUDE ACCESSORY DWELLING UNIT; AMENDING SECTION 17.18.020 SUPPLEMENTAL GENERAL PROVISIONS TO INCLUDE STANDARDS FOR ACCESSORY DWELLING UNIT; AND PROVIDING FOR AN EFFECTIVE DATE – action item 4. Public Hearing for AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF JEROME, IDAHO, AMENDING JEROME MUNICIPAL CODE SECTION 17.18.040 COMMERCIAL AND INDUSTRIAL USE REGULATIONS, SECTION THREE, NOISE TO PROVIDE LIMITATIONS ON COMMERCIAL AND INDUSTRIAL NOISE LEVELS; PROVIDE FOR DEFINITIONS, VIOLATIONS AND PENALTIES; PROVIDE FOR AN APPEALS PROCESS; AND PROVIDING FOR AN EFFECTIVE DATE. 5. Consider AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF JEROME, IDAHO, AMENDING JEROME MUNICIPAL CODE SECTION 17.18.040 COMMERCIAL AND INDUSTRIAL USE REGULATIONS, SECTION THREE, NOISE TO PROVIDE LIMITATIONS ON COMMERCIAL AND INDUSTRIAL NOISE LEVELS; PROVIDE FOR DEFINITIONS, VIOLATIONS AND PENALTIES; PROVIDE FOR AN APPEALS PROCESS; AND PROVIDING FOR AN EFFECTIVE DATE - action item 6. Citizen Correspondence and Issues ---PAGE BREAK--- City of Jerome Planning & Zoning Agenda City Council Chambers, 100 East Avenue A, Jerome, ID 83338 City Administrator Mike Williams, City Planner Ida Clark COMMISSION MEMBERS: Chairman Rod Mink; Commissioners Jeff Schroeder, Paul Johnson, Benjamin Reed, and Shonna Fraser 7. Consent Agenda- action item The consent calendar consists of items that are considered to be routine in nature and will be enacted in the form of one motion. Any item can be removed from the consent calendar and heard in its regular order at the request of any commissioner or the chairman. A. Approve the minutes from the July 8th, 2025, regular meeting. B. Findings and Conclusions for a request from South Tiger Dr. LLC- Chris Anderson, Casey Anderson for a Lot Split, on the property described as Jerome Unplatted Tax 2215519 of NESE SEC 19-8-17, more commonly known as the cultivated farm ground to the east of 800 blk East Ave I, J, and K (Hovey Subdivision), south of 821 East Ave H, and west of the East Ave K cul- de-sac. C. Findings and Conclusions for a request from Peyton Lookingbill for a Special Use Permit allowing building signs to exceed the maximum height and square footage in the Heavy Industrial Zone, on the property described as Tax 2501056 of SE Jerome Unplatted 30-8-17, more commonly known as 800 Dairy Drive, Jerome, Idaho. 8. Discussion Period & Staff Reports 9. Adjournment Note: Any person requiring special accommodations to participate in the meeting should contact City Hall (City Planner, [PHONE REDACTED], ext. 140) at least two business days before the meeting. Cualquier persona que necesite traducción para participar debe comunicarse con el municipio (Planificador Urbano [PHONE REDACTED] ext. 140) siete días antes de la reunión. ---PAGE BREAK--- Planning and Zoning Department City Hall 152 East Ave A Jerome, ID 83338 (208) 324–8189 www.cityofjerome.org To: Planning & Zoning Commission CC: BJ Hess, Legal Counsel From: Ida Clark, Planning & Zoning Manager Date: July 23, 2025 Subject: Ordinance Amending the Definitions, Schedule of District Use Regulations, and the General Provision for Accessory Dwelling Units. Background: Current code language allows what I believe was intended to be accessory dwelling units; however, the code is not clear on the distinction between accessory structures like shops and accessory dwelling units. The proposed code update provides clear definitions of the differences between accessory structures and accessory dwelling units, allows for an accessory structure with an approved Special Use Permit, and offers general guidelines, including setbacks and maximum square footage. As noted in 17.80.060, a public hearing shall be held before the Commission before recommending a text amendment to the City Council. The ordinance is attached for further review. *Strikethrough = proposed to be removed from code *Underline = proposed new language added to code ---PAGE BREAK--- BILL NO. XXX ORDINANCE NO. XXXX AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF JEROME, IDAHO, AMENDING JEROME MUNICIPAL CODE SECTION 17.14.010 TO INCLUDE ACCESSORY DWELLING UNIT IN THE SCHEDULE OF DISTRICT REGULATIONS; UPDATING SECTION 17.03 RULES AND DEFINITIONS FOR ACCESSORY USE OR STRUCTURE AND INCLUDING THE DEFINITION IN 17.03.180 TO INCLUDE ACCESSORY DWELLING UNIT; AMENDING SECTION 17.18.020 SUPPLEMENTAL GENERAL PROVISIONS TO INCLUDE STANDARDS FOR ACCESSORY DWELLING UNIT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Jerome recognizes the need to increase housing options and affordability within the community; and WHEREAS, accessory dwelling units (ADUs) provide an opportunity to accommodate new housing while preserving neighborhood character and utilizing existing infrastructure efficiently; and WHEREAS, the City desires to establish clear standards and definitions for accessory dwelling units to ensure orderly development and compatibility with existing neighborhoods; and WHEREAS, a public hearing was held before the Planning and Zoning Commission pursuant to notice on the 8th day of July 2025, and; WHEREAS, a public hearing was held before the City Council pursuant to notice on the X day of XXXX 2025; BE IT THEREFORE ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF JEROME AS FOLLOWS: Section 1. 17.03 of the Jerome Municipal Code shall be amended as follows: 17.03.005: ACCESSORY USE OR STRUCTURE: A use or structure located on the same lot as the principal structure, or use, the use of which is incidental to and associated with the principal structure. Examples include garages, sheds, barns, greenhouses, gazebos, and similar structures. If attached to the principal structure by a roof or wall, it is considered part of the principal structure; if detached, it must comply with all applicable code requirements. 17.03.075: BUILDING, ACCESSORY: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use. ---PAGE BREAK--- 17.03.180: DWELLING UNIT: Accessory Dwelling Unit: A residential dwelling unit within the same building as a single household dwelling, in a detached building such as a guest house, or attached to a garage, and located on the same lot as the single household dwelling. An accessory dwelling unit may also be attached to or associated with a non-residential structure or land use, such as a caretaker unit, parsonage, live-work unit, or loft apartment. Such dwelling units are subordinate to the primary land use. Multiple apartments above or behind commercial space in mixed-use buildings are not considered accessory dwellings. A single accessory dwelling provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and a secure entrance separate from the primary dwelling. Recreational vehicles do not meet the definition of an accessory dwelling unit. Section 2. 17.14.010 of the Jerome Municipal Code shall be amended as follows: 17.14.010: Official Schedule Of District Regulations Land Uses Zoning Districts R-1 R-2 R- 3 R-M C-1 C-2 C- 3 CBD M-1 BP M-2 PS MU Accessory Dwelling Unit* S S S S S S S S S S S Adult business S S Agriculture* S S S S S S S S S S S S S Section 3. 17.18.020 of the Jerome Municipal Code shall be amended as follows: 17.18.020: SUPPLEMENTAL GENERAL PROVISIONS: F. Accessory Building: 1. Will not be located in any required front or street side yard area. 2. Accessory buildings one hundred twenty (120) square feet in area or larger shall comply with the minimum setbacks of three feet from property lines and shall be limited to a maximum height of twenty-five feet (25') or no higher than the primary structure, whichever is less and shall require a building permit. All accessory buildings shall utilize siding materials that are similar in type (vinyl, wood, etc.), color, hue, and tone to the primary, existing structure. 3. Accessory buildings shall be constructed with building materials that are similar and harmonious with the existing structures on the property in which the building is being proposed. ---PAGE BREAK--- 4. Accessory buildings must be reasonably incidental and subordinate to the principal permitted use. I. Accessory Dwelling Unit: 1. Accessory dwelling unit, where allowed, must be reasonably incidental and subordinate to the principal permitted use, and the determination shall be based upon the relationship of the building, structure, or use to the principal permitted use. No dwelling unit shall be constructed on any lot before the start of construction of the principal building to which it is an accessory. 2. Only one accessory dwelling unit shall be permitted on a lot with a principal dwelling unit. 3. Will not be located in any front or streetside yard area. No attached or detached accessory dwelling or portion thereof shall infringe upon the side yard setback area adjacent to an opposing street on corner lots. 4. The maximum size of the accessory dwelling is eight hundred and fifty (850) square feet. 5. The structure that contains an accessory dwelling shall meet all setback requirements for the zone, and the height shall not exceed the height of the primary structure, with the following exceptions: a. A detached accessory dwelling shall have the same side yard setbacks as a primary structure, as required by the zone in which the accessory dwelling is located. b. A detached accessory dwelling shall be setback from the rear property line at least 10’ except when adjacent. c. No accessory dwelling shall be placed in any easement. 6. An attached accessory dwelling unit shall be designed together with the principal dwelling in such a way as to resemble that of a single-unit dwelling. 7. An attached or separate unit of the accessory dwelling shall be designed with the same architectural design, style, and appearance as the principal dwelling unit. a. If included as part of the primary structure, only one entrance to the primary structure may be located on the front building elevation, except for structures where multiple entrances already exist. If multiple entrances exist, then the accessory dwelling may utilize an existing entrance on the front building elevation. b. The accessory dwelling unit shall have a separate entrance from the primary dwelling, meet the fire and building code requirements for a separate unit, and be functionally separate from the primary dwelling. 8. One parking space shall be required on the lot where the accessory dwelling is located in addition to the existing minimum parking requirement for the principal dwelling unit. A driveway may be used for this requirement. Conversion of a garage into an accessory unit will only be permitted if the required parking is maintained. ---PAGE BREAK--- 9. Water and sewer connections shall be metered with the primary dwelling. 11. The accessory dwelling unit shall not be sold separately or converted to legal ownership different from the principal dwelling unit. Section 4. This ordinance shall be effective upon its approval, passage, and publication as provided by law. PASSED BY THE COUNCIL this day of 2025. SIGNED BY THE MAYOR this day of CITY OF JEROME, IDAHO DAVID M. DAVIS, Mayor ATTEST: BERNADETTE CODERNIZ, City Clerk ---PAGE BREAK--- CITY OF JEROME PLANNING & ZONING Ida Clark, City Planner 152 East Ave A [PHONE REDACTED] x 140 [EMAIL REDACTED] NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that on Wednesday, the 23rd day of July 2025, at the hour of 7:00 p.m., a public hearing will be held before the City of Jerome Planning and Zoning Commission at City of Jerome Council Chambers, 100 East Avenue A, Jerome, Idaho to consider AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF JEROME, IDAHO, AMENDING JEROME MUNICIPAL CODE SECTION 17.14.010 TO INCLUDE ACCESSORY DWELLING UNIT IN THE SCHEDULE OF DISTRICT REGULATIONS; UPDATING SECTION 17.03 RULES AND DEFINITIONS FOR ACCESSORY USE OR STRUCTURE AND INCLUDING THE DEFINITION IN 17.03.180 TO INCLUDE ACCESSORY DWELLING UNIT; AMENDING SECTION 17.18.020 SUPPLEMENTAL GENERAL PROVISIONS TO INCLUDE STANDARDS FOR ACCESSORY DWELLING UNIT; AND PROVIDING FOR AN EFFECTIVE DATE. All interested persons shall have an opportunity to be heard. Please consider joining the meeting or submitting written comment. We strongly encourage written comment be postmarked by July 16th, 2025, or physically submitted by noon July 18th, 2025. Questions regarding this request should be directed to City Planner, Ida Clark at [PHONE REDACTED] x 140. Dated this 2nd day of July 2025. Ida Clark City Planner PUBLISH: July 8th, 2025 ---PAGE BREAK--- Planning and Zoning Department City Hall 152 East Ave A Jerome, ID 83338 (208) 324–8189 www.cityofjerome.org To: Planning & Zoning Commission CC: BJ Hess, Legal Counsel From: Ida Clark, Planning & Zoning Manager Date: July 23, 2025 Subject: Ordinance Amending the Commercial and Industrial Use Regulations for Noise Levels. Background: Current code language addresses noise as a nuisance in detail for residential areas and events. Section 17.18.040 addresses commercial and industrial noise vaguely, leaving it to the Administrator to apply the standards as they relate to industry. There is no process for the Administrator or the commercial/industrial property owner producing noise to determine if they are in compliance or to guide them on how to come into compliance with the ordinance. The lack of process and concerns about noise were brought to the Commission's attention last year during public hearings. The proposed amendment provides definitions and requires commercial and industrial entities to submit Noise Containment Plans upon building or expanding, including exceptions, penalties, and an appeals process. As noted in 17.80.060, a public hearing shall be held before the Commission before recommending a text amendment to the City Council. The ordinance is attached for further review. *Strikethrough = proposed to be removed from code *Underline = proposed new language added to code ---PAGE BREAK--- BILL NO. XXX ORDINANCE NO. XXXX AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF JEROME, IDAHO, AMENDING JEROME MUNICIPAL CODE SECTION 17.18.040 COMMERCIAL AND INDUSTRIAL USE REGULATIONS, SECTION THREE, NOISE TO PROVIDE LIMITATIONS ON COMMERCIAL AND INDUSTRIAL NOISE LEVELS; PROVIDE FOR DEFINITIONS, VIOLATIONS AND PENALTIES; PROVIDE FOR AN APPEALS PROCESS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Purpose: to safeguard the health, safety, welfare, and quality of life of the community by regulating noise emissions from industrial and some commercial activities; and WHEREAS, recognizing that excessive and uncontrolled noise can pose hazards to public health, disrupt daily living, and degrade environmental quality; and WHEREAS, by addressing industrial noise through reasonable limitations, the ordinance aims to reduce harmful effects on human health, prevent disturbances to residential areas, and ensure sustainable coexistence between industrial operations and the broader community; and WHEREAS, a public hearing was held before the Planning and Zoning Commission pursuant to notice on the 23rd day of July 2025 and; WHEREAS, a public hearing was held before the City Council pursuant to notice on the X day of XXXX 2025; BE IT THEREFORE ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF JEROME AS FOLLOWS: Section 1. Section 17.18.040 of the Jerome Municipal Code shall be amended as follows: 17.18.040: COMMERCIAL AND INDUSTRIAL USE REGULATIONS: A. Performance Requirements: No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises; except, that any case permitted by this title may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements: … 3. Noise: A. Use, Occupancy, and Permits: Except as otherwise provided herein, no land, building, or structure in any industrial zone and the listed commercial zones, M-1, M-2, CBD, C-2, C- ---PAGE BREAK--- 3, and MU, shall be used or occupied in a way that creates excessive noise that is plainly audible. Occupiers and users must conform to the regulations and specifications of this title and other applicable titles. Any commercial or industrial use must submit documentation with their special use permit, building permit, or request for a certificate of occupancy certifying that the proposed use will be and is capable of complying with the applicable performance standards of this title. The Building Official or the Planning and Zoning Administrator may give an exception to this title for commercial uses only, like grocery stores, restaurants, offices, and professional services in the CBD, C-2, C-3, and MU zones. B. Noise Management Plan Submission: All new commercial/industrial applicants and existing facilities expanding over 15% must submit Noise Containment Plans (NCP) containing: 1. Facility noise map showing predicted/measured sound levels at 1000-foot intervals to 0.5 miles (2,640 feet). 2. Description of noise-generating equipment with manufacturer dB ratings. 3. Mitigation measures to include: i. Physical barrier designed to block sound. ii. Enclosure structures meeting ASTM E90-09 transmission standards. iii. Maintenance schedules for mufflers/vibration dampers. iv. Emergency shutdown protocols for non-compliant equipment. C. Existing uses: Uses existing and lawfully complying with all other provisions of this Code on the effective date of this chapter [Month Date, 20XX] shall not be required to change their operations to comply with more restrictive performance standards; however, such uses shall be subject to the following provisions: 1. Operations shall not be changed to increase the degree of noncompliance with these performance standards. 2. Expanding the use or installation of new equipment or processing shall be subject to all applicable performance standards. D. Definitions: 1. Absolute Sound Limits: Measured at the nearest residential property line or 1000 feet from the source, whichever is closer. 2. Ambient noise: The all-encompassing noise level associated with a given environment is a composite of sounds from all sources at the location, constituting the normal or existing level of environmental noise at a given location. Excludes transient sounds from wildlife, weather events, or exempted activities. 3. Calibrated Decibel Meter: A calibrated decibel meter, also known as a calibrated sound level meter, is a hand-held instrument designed to measure sound pressure levels in decibels (dB) with a high degree of accuracy, having been adjusted using a reference sound source (acoustic calibrator) to ensure its readings are precise and reliable. 4. Daytime hours: The hours between 7:00 a.m. on one day and 10:00 p.m. on the same day. ---PAGE BREAK--- 5. Db(A): The intensity of a sound expressed in decibels read from a sound level meter utilizing the A-level weighting scale and the slow meter response, as specified by the American National Standards Institute (ANSI). 6. Decibel: A logarithmic unit of measure is used to describe sound amplitude, denoted as Db. 7. Emergency work: Any work performed to prevent or alleviate property damage threatened or caused by an emergency, or which is otherwise necessary to restore property to a safe condition following a fire, accident, or natural disaster, or which is required to protect persons or property from exposure to danger, or which is required to restore public utilities. 8. Nighttime hours: The hours between 10:00 p.m. on one day and 7:00 a.m. the following day. 9. Person: Any individual, firm, association, partnership, corporation, or any other entity, public or private. 10. Plainly audible: Any sound distinguishable above ambient background noise by a person with normal hearing acuity without artificial amplification. bass tones, impulsive sounds hammering), or tonal components alarms) meeting this threshold constitute violations regardless of decibel measurement. 11. Property line: The line along the ground surface and its vertical extension, which separates the real property owned, leased, or legally occupied by a person from that owned, leased, or legally occupied by another person, and the imaginary line which represents the legal limits of property of any person who owns, leases or otherwise legally occupies. 12. Public right-of-way: Any street, avenue, highway, road, thoroughfare, sidewalk, alley, or any other property owned or controlled by a governmental entity. E. Maximum permissible sound levels: 1. No person, including but not limited to a property owner, tenant, user, or invitee, shall make, assist in making, or allow the production of noise in the limits of the City that is plainly audible beyond 1,000 feet from the facility's property boundary. This standard applies cumulatively - intermittent sounds exceeding 30 seconds per hour violate the ordinance. 2. When the noise in violation of section originates from a property, and the person creating the noise cannot be determined, it shall be presumed that the property owner and/or tenant is the person who committed the violation. 3. Any noise violation of this section is declared a public nuisance. F. Exceptions: The following exceptions shall apply: 1. Emergency work, including the noise of safety signals, warning devices, or emergency pressure relief valves. 2. Temporary excavation, construction, demolition, alteration, or repair work, or the permitting or causing thereof, of any building or other structure, or the operation or the permitting or causing the operation of any tools or equipment used in any such activity. 3. Aircraft. 4. Railroad operations. ---PAGE BREAK--- 5. General generator maintenance. Maintenance shall not exceed 30 minutes or occur more than once a week. 6. Construction work in public rights-of-way or easements by the city, the Idaho Transportation Department, or lawfully permitted persons in the rights-of-way. 7. Equipment used for seasonal agricultural production. 8. Any equipment required by applicable federal or environmental regulations. G. Violations and Penalties: 1. First Offense: Upon verification of a plainly audible violation, the responsible party shall receive a written warning. The warning will specify the nature of the violation, reference the relevant ordinance section, and provide a 30-day mitigation period to correct the issue. 2. Second and Repeated Offense(s): If a complaint is received within twelve (12) months of the first warning, enforcement officials shall measure the noise level using a calibrated decibel meter. If the noise exceeds the allowable decibel threshold set below, a formal violation notice will be issued, and penalties or required mitigation measures will be enforced. 3. A violation shall be confirmed if the measured sound exceeds the maximum permissible sound levels specified in the table below: Sound Levels for Zoning Districts Zoning District Time Sound Level Commercial Daytime 65 dB Commercial Nighttime 60 dB Industrial Daytime 85 dB Industrial Nighttime 80 dB 4. Penalty Schedule Violation Civil Fine First Offense Written Warning 30-day Mitigation Second Offense $250 (commercial) $500 (industrial) An appeal can be filed in lieu of a fine. First Repeat $500 (commercial) $1500 (industrial) Second or More Repeat $750 (commercial) $2500 (industrial) 1. Continuing violations shall constitute separate offenses. The city may institute any appropriate administrative action, proceeding, or action at law or in equity to require compliance with the provisions of this article. H. Appeals: 1. Appeals process. Unless otherwise provided, the owner or operator of any use that violates performance standards may apply for a Special Use Permit to the ---PAGE BREAK--- planning and zoning commission. The applicant shall document all actions taken to comply with performance standards and state why they cannot fully comply. 2. Criteria for special use permit for noise. In acting upon an application, the planning and zoning commission shall consider the following criteria: i. The degree of nuisance caused by the violation. ii. The uses of the surrounding properties affected by the violation. iii. The time required to study the violation and increase compliance. iv. Economic considerations, including analyzing costs and benefits produced by full compliance. v. The health, safety, and welfare of the public. 3. Property owners shall receive public notice within a 1,000’ radius. 4. Any independent acoustical review shall be at the applicant's expense. 5. If the request is denied, the application will have 60 days from the date the findings and conclusions are approved to comply with the ordinance. Section 2. This ordinance shall be effective upon its approval, passage, and publication as provided by law. PASSED BY THE COUNCIL this day of 2025. SIGNED BY THE MAYOR this day of CITY OF JEROME, IDAHO DAVID M. DAVIS, Mayor ATTEST: BERNADETTE CODERNIZ, City Clerk ---PAGE BREAK--- CITY OF JEROME PLANNING & ZONING Ida Clark, City Planner 152 East Ave A [PHONE REDACTED] x 140 [EMAIL REDACTED] NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that on Wednesday, the 23rd day of July 2025, at the hour of 7:00 p.m., a public hearing will be held before the City of Jerome Planning and Zoning Commission at City of Jerome Council Chambers, 100 East Avenue A, Jerome, Idaho to consider AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF JEROME, IDAHO, AMENDING JEROME MUNICIPAL CODE SECTION 17.18.040 COMMERCIAL AND INDUSTRIAL USE REGULATIONS, SECTION THREE, NOISE TO PROVIDE LIMITATIONS ON COMMERCIAL AND INDUSTRIAL NOISE LEVELS; PROVIDE FOR DEFINITIONS, VIOLATIONS AND PENALTIES; PROVIDE FOR AN APPEALS PROCESS; AND PROVIDING FOR AN EFFECTIVE DATE. All interested persons shall have an opportunity to be heard. Please consider joining the meeting or submitting written comment. We strongly encourage written comment be postmarked by July 16th, 2025, or physically submitted by noon July 18th, 2025. Questions regarding this request should be directed to City Planner, Ida Clark at [PHONE REDACTED] x 140. Dated this 2nd day of July 2025. Ida Clark City Planner PUBLISH: July 8th, 2025 ---PAGE BREAK--- Planning & Zoning Meeting July 8th, 2025 This regular meeting of the City of Jerome Planning & Zoning Commission was called to order at 7:00 p.m. Present were Acting Chairman Paul Johnson, Commissioner Benjamin Reed, Commissioner Jeff Schroeder, and Commissioner Shonna Fraser. Also present were City Planner Ida Clark, Legal Counsel BJ Hess, and Secretary Katie Elliott. Chairman Rod Mink was excused. Acting Chairman Johnson led the audience in recitation of the Pledge of Allegiance. Acting Chairman Johnson called the Public Hearing to order at 7:02 p.m. Public Hearing for a request from South Tiger Dr. LLC- Chris Anderson, Casey Anderson for a Lot Split, on the property described as Jerome Unplatted Tax 2215519 of NESE SEC 19-8-17, more commonly known as the cultivated farm ground to the east of 800 blk East Ave I, J, and K (Hovey Subdivision), south of 821 East Ave H, and west of the East Ave K cul-de-sac. Staff Report: Ms. Clark stated the property previously came in for a Special Use Permit. The property in question is approximately 23 acres and is zoned General Business The proposed lot split requires approval from the Planning and Zoning Commission. This is a bare parcel that is farmed. There is no minimum lot size for the C-2 zone. The lot split is subject to Section 16.16.045; an analysis is attached. As pertains to the Jerome Comprehensive Plan, Ms. Clark stated the application meets the following objectives within Chapter Four – Our Built Environment. Ms. Clark went over the Lot Split Criteria with the commission. The applicant submitted a pre-application with a copy of the sketch plan. The applicant has provided proof of ownership and a signed contract with the current property owner. Ms. Clark stated the commission must find the application meets the following criteria to be approved: Split one lot into two (a “lot split”); The proposed lot split will not have a substantial impact on present or proposed public utilities, streets, and parks; Is consistent with the Comprehensive Plan; Both resulting lots will meet minimum size and minimum lot size requirements for the relevant zone; and Each lot has a minimum of twenty-five feet (25’) of street frontage. The application proposes splitting one lot into two. Parcel A will be approximately 13 acres, and Parcel B will be approximately nine acres with no dwelling units. The remaining area will be dedicated for public right-of-way. The application states that there will be no substantial impact on public utilities for a lot split. The parcel is currently farmland. Sewer and water are available for future development. The request is consistent with the Comprehensive Plan. Each lot will allow future development with access and utility connections. Each lot will exceed the minimum 25’ street frontage requirement per the Jerome Municipal Code. Parcel A could have access from East Ave I and East K Ave. Parcel B could have ---PAGE BREAK--- access from East K Avenue and the future Jackson Street. It is noted that Parcel B will not be allowed access from South Tiger Drive. Ms. Clark stated the notice regarding the proposed lot split was sent to local taxing districts. The North Side Canal Company letter is included and shared with the applicant. If approved, Ms. Clark recommended the following conditions: The lot split shall meet all City of Jerome Department requirements of construction and any other needed improvements; Final Record of Survey and Deeds will be recorded at the County and provided to the City once recorded; and Comply with all city, state, and federal requirements. Upon inquiry from Acting Chairman Johnson, Ms. Clark stated the zoning will remain the same. There is not a minimum lot size but there is a maximum build for that zone. Applicant Testimony: Justin Scheel, a resident of Filer, stated that they recently received a SUP for housing on this property. This request will facilitate the need to not only retain the commercial zoning, but will also help them develop the roads within the development for the city right of way. Upon inquiry from Acting Chairman Johnson, Mr. Scheel went over where the roads would be within the development. He stated they will need a few more fire hydrants installed with the additional roads. There being no other testimony in favor, neutral, or in opposition, Acting Chairman Johnson closed the Public Hearing at 7:10 p.m. Consider a request from South Tiger Dr. LLC- Chris Anderson, Casey Anderson for a Lot Split, on the property described as Jerome Unplatted Tax 2215519 of NESE SEC 19-8-17, more commonly known as the cultivated farm ground to the east of 800 blk East Ave I, J, and K (Hovey Subdivision), south of 821 East Ave H, and west of the East Ave K cul-de-sac —action item. Commissioner Reed made a motion to approve the lot split request from South Tiger Dr. LLC- Chris Anderson, Casey Anderson on the property described in the agenda, with the following conditions: The lot split shall meet all City of Jerome Department requirements of construction and any other needed improvements; Final Record of Survey and Deeds will be recorded at the County and provided to the City once recorded; and Comply with all city, state, and federal requirements. Seconded by Commissioner Schroeder and carried. After consideration, the motion passed by the following votes: AYE: Commissioner Ben Reed, Commissioner Jeff Schroeder, and Commissioner Shonna Fraser. NAYE: None. ---PAGE BREAK--- Acting Chairman Johnson called the Public Hearing to order at 7:12 p.m. Public Hearing for a request from Peyton Lookingbill for a Special Use Permit allowing building signs to exceed the maximum height and square footage in the Heavy Industrial Zone, on the property described as Tax 2501056 of SE Jerome Unplatted 30-8-17, more commonly known as 800 Dairy Drive, Jerome, Idaho. Staff Report: Ms. Clark stated this signage is for the new Idaho Milk Products (IMP) ice cream facility, located in a heavy industry (M-2) zone. Currently, there is no signage located on the facility. IMP is requesting the placement of two LED illuminated building signs, facing east and west. The proposed signs exceed the 200 square-foot maximum and the 35-foot height maximum. The applicant is requesting a special use permit to exceed the total square footage and height limitations due to the size of the building and to enhance visibility. Ms. Clark stated staff can only approve up to 200 sq. ft. maximum and a 35’ maximum height. To exceed those limits, the applicant would need to request a Special Use Permit from the commission. This parcel is not located within the Interstate Sign Overlay District as described in 17.10.020. L. 7. The Jerome Municipal Code does not address lighting for building signs. Ms. Clark went over the General Standards for Special Uses with the commission. Regarding Standard A- Will, in fact, constitute a special use as established in section 17.60.060 of this chapter for the zoning district involved. The Planning and Zoning Code allows a building sign to exceed the square footage with an approved special use permit. Regarding Standard B- Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title. The request appears to be in harmony with the objectives of Title 17 of the Jerome Municipal Code, as well as the Comprehensive Plan. Regarding Standard C- Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and such use will not change the essential character of the same area. The application indicates the signs will be constructed of professional, all-weather material. The placement of the new signs will not breach the eave line. The property is not in the Interstate Sign Overlay District. It is noted that the Interstate Sign Overlay District allows signage up to 700 square feet if there are two businesses on a parcel. Idaho Milk Products received a special use permit that allows signage to exceed 200 square feet on their existing building, which measures 900 square feet in total. Regarding Standard D- Will not be hazardous or disturbing to existing or future neighboring uses. The application states the sign will not be a disturbance to neighboring uses. ---PAGE BREAK--- The neighboring businesses are also located in the high industrial zone, featuring similar signage. Regarding Standard E- Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. The application notes that the sign will not require public facilities or services. Regarding Standard F- Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. There is no indication that the signs will create excessive additional requirements at public cost. Public facilities and services are not required; therefore, this sign will not be detrimental to the community's economic welfare. Regarding Standard G- Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. They propose matching the existing signage at 6000 kelvin, which is common in commercial and industrial areas. Regarding Standard H- Will have vehicular approaches to the property, which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares. There is no change to the vehicular approaches to the property. Regarding Standard I- Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance. There is no indication that the sign will result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Ms. Clark went over the Design Review guidelines with the commission. Regarding Guideline A- Promote sign design and placement that reflects the community’s desire for human scale regarding height, proposition, site features, shapes and materials. The sign appears to promote sign design and placement. This parcel is not located in the interstate overlay district. Regarding Guideline B- Signs must be produced using professional workmanship without hand lettering or with a sloppy or garish paint job. The application indicates the signs will be professionally manufactured and installed. Regarding Guideline C- The primary sign(s) for a business must be constructed of permanent materials. Unacceptable temporary materials include but are not limited to paper, cardboard, vinyl banner, fabric, poster board, and unfinished wood. The application indicates that the signs will be constructed of aluminum, acrylic, and vinyl, which are weather-resistant. ---PAGE BREAK--- If approved, Ms. Clark recommended the following conditions: Illumination shall not exceed 6000 kelvins; and obtain any building and electrical permits before installing the sign. Ms. Clark showed the commission the proposed signage. Upon inquiry from Acting Chairman Johnson, Ms. Clark stated that with the large size of the building, the signage needs to be larger to be seen. Applicant testimony: Marcus Lutz, a resident of Jerome and representative of Lytle Signs, stated that Idaho Milk Products is seeking a sign to represent their ice cream facility. He stated for the sign to look appropriate, they need a larger sign. He stated the sign will not go above the building. There being no other testimony in favor, neutral, or in opposition, Acting Chairman Johnson closed the Public Hearing at 7:19 p.m. Consider a request from Peyton Lookingbill for a Special Use Permit allowing building signs to exceed the maximum height and square footage in the Heavy Industrial Zone, on the property described as Tax 2501056 of SE Jerome Unplatted 30-8-17, more commonly known as 800 Dairy Drive, Jerome, Idaho —action item. Commissioner Schroeder made a motion to approve the Special Use Permit from Peyton Lookingbill allowing building signs to exceed the maximum height and square footage in the Heavy Industrial Zone, on the property commonly known as 800 Dairy Drive, Jerome, Idaho, with the following conditions: Illumination shall not exceed 6000 kelvins; Obtain any building and electrical permits before installing; and Special Use permit shall be permanent. Seconded by Commissioner Fraser and carried. After consideration, the motion passed by the following votes: AYE: Commissioner Ben Reed, Commissioner Jeff Schroeder, and Commissioner Shonna Fraser. NAYE: None. Consider a Design Review for 209 South Lincoln Avenue, Jerome, Idaho —action item. Ms. Clark stated that the applicant would like to do a façade update. The property is located in a cluster building sharing walls with Vision Source Eyecenter to the north and a vacant building to the south. The property is located in the Design Review Overlay District, within 150 feet of the right-of-way of Lincoln Ave. as defined in Jerome Municipal Code Chapter 17.10.020, M. The application proposes an exterior update, including new windows, new double doors, and a stucco and paint update. The following Design Review Guidelines should be considered: ---PAGE BREAK--- Regarding Guideline #1 Adjacent Buildings and Uses, the proposed building is in a cluster and shares walls with two other buildings. The proposed updates will complement the other buildings in the area. Regarding Guidelines #13 & #14 Enhance Jerome Classic Styles and Minimize Scale, the existing building will remain; however, the proposed façade updates will renew interest while maintaining the classic style. Regarding Guidelines #22 and #24 Wall Materials and Wall Colors, the application proposes updated colors in Antique White and Urbane Bronze as an accent color. The brick will be covered with stucco. This façade update will enhance appeal while avoiding harsh colors and combinations. Ms. Clark reviewed the detailed design of the business's front with the commission provided in the application. She stated that she is not aware of what the applicant is doing with the canopy but will let the applicant speak on that. Layla Zuninga stated she is the owner of the building. She stated they will remove the canopy and will build a metal canopy that resembles the awning on Main Street. Ms. Zuninga stated they want to make the building beautiful, and they are only updating their building. Acting Chairman Johnson reminded the commission that the Design Review must be unanimous or the application will go before the City Council. Commissioner Fraser made a motion to approve the design review for the proposed façade update at 209 South Lincoln Avenue as presented. Seconded by Commissioner Schroeder and carried. After consideration, the motion passed by the following votes: AYE: Commissioner Ben Reed, Commissioner Jeff Schroeder, and Commissioner Shonna Fraser. NAYE: None. Consider a Design Review for 2610 South Lincoln Avenue, Jerome, Idaho —action item. Ms. Clark stated the current parcel is bare. It was previously a USA fuel station. Walmart would like to build its fuel station on this parcel. It is zoned High-Density Business The design review is for a new approximately 1,618 square-foot single-story building with a fuel canopy with eight pumps. Access will be shared with the Walmart store on East Yakima Ave. There is also shared access from S Lincoln Ave. Ms. Clark went over the following Design Review Guidelines with the commission. Regarding Guideline Adjacent Buildings and Uses, the project area is surrounded by other commercial developments, including Walmart to the East and AutoZone to the South. ---PAGE BREAK--- Regarding Guideline Preserve Natural Drainage, the application states the site will meet stormwater requirements and will be maintained on the parcel. Regarding Guidelines #4-5, Street Alignment and Retaining Walls, the driveway approaches align, and there are no retaining walls proposed. Regarding Guideline Screen Service Areas, utilities will blend with the landscape and the building. The trash receptacle will be screened on three sides with solid fencing and landscaping. Regarding Guidelines #10 - #12, Off- Street, On-Street Parking, and Circulation, all parking is located on-site. Parking is located to the north of the building. Twelve parking spaces are required. The design shows twelve parking spaces. Two entrance and exit points allow for circulation. Regarding Guideline #13, Enhance Jerome Classic Styles, the proposed building is a modern style. The design and colors are standard to the Walmart branding. Regarding Guidelines #14 and #16, Minimize Scale and Roof Lines, the building features one roofline change with a contrasting color, which helps to minimize its scale. Regarding Guidelines #22 and #24, Wall Materials and Wall Colors, the wall material includes three different textures and standard colors for the Walmart Brand in grey and blue. Regarding Guideline #25, Light Fixtures, exterior lighting will be onsite and on the building to provide safety and enhance the look. Regarding Guidelines #26 - #36, the site plan shows an asphalt parking lot. The new development is required to comply with sections of the landscape ordinance. Trees are required along South Lincoln and will be spaced no more than 40’ apart. The landscape and trees will wrap around the parcel onto East Yakima Ave. A landscape bulb out is planned between both access points with a small area of grass and landscape near the building. Regarding Guidelines #38 and #39, Sidewalks and Bike Paths, there is an existing 10’ sidewalk/pathway along South Lincoln with a sidewalk along East Yakima Ave. These will be maintained. Ms. Clark went over the landscaping plan with the commission. Upon inquiry from Acting Chairman Johnson, Ms. Clark stated they are proposing the sign at the corner of South Tiger and Yakima. She stated the utilities were showing, but they will be screened. Commissioner Schroeder expressed concern about the south elevation of the building, which is exposed to South Lincoln and features an exposed wall without any architectural elements. Ms. Clark stated the building is fairly close to AutoZone, which should block some of the building. ---PAGE BREAK--- Commissioner Schroeder stated he also has a concern with the trash enclosure along South Lincoln. Ms. Clark stated they are meeting the requirements with it screened on all sides and additional landscaping. Brian Birrell stated this is a fuel station but is oriented a little differently from the original fuel station. They are meeting all parking requirements, setbacks, and landscaping requirements. He stated the trash location was placed where it is so the trucks can load the trash. He stated it was on the eastern side, but they moved it to he west side for flow and ease for the trucks. Upon inquiry from Acting Chairman Johnson, Mr. Birrell stated they will have a three-sided enclosure with a gate for the trash. Upon inquiry from Commissioner Schroeder, Mr. Birrell went over the layout of the property with the commission and explained where everything was located. Discussion was held on where the fuel tanks will be placed, where the storm water drains were, where the trash enclosure could be besides on the west of the property, and how much of the south elevation would be visible. Upon inquiry from Commissioner Reed, Mr. Birrell stated it will be a convenient store. Mr. Birrell stated he helped design a few of them in Boise. Commissioner Reed stated those designs look nice. Ms. Clark stated the landscaping helps make the properties look nice. Upon inquiry from Ms. Clark regarding the existing landscaping, Mr. Birrell stated that the additional landscaping for this project will connect to the existing landscaping. Commissioner Schroeder stated he is not sure how to address the landscaping or how to add more landscaping to hide the trash enclosure or the back of the building. A discussion was held on how to visually cover the back wall and trash enclosure. Commissioner Schroeder made a motion to approve the design review for the proposed new fuel station at 2610 South Lincoln Ave. with additional consideration given to landscaping around the trash enclosure and along the southwest corner of the structure. Seconded by Commissioner Fraser and carried. After consideration, the motion passed by the following votes: AYE: Commissioner Ben Reed, Commissioner Jeff Schroeder, and Commissioner Shonna Fraser. NAYE: None. CITIZEN CORRESPONDENCE AND ISSUES None. Consent Agenda The consent calendar consists of items that are considered to be routine in nature and will be enacted in the form of one motion. Any item can be removed from the consent calendar and heard in its regular order at the request of any commissioner or the chairman. A. Approve the minutes from the June 10th, 2025, regular meeting. ---PAGE BREAK--- B. Findings and Conclusions for a request from DL Evans Bank for a renewal of a Special Use Permit allowing automotive sales, on the property described as Tax 3, Block A- 170, JT SW 19-8-17, more commonly known as 980 South Lincoln, Jerome, Idaho. FINDINGS AND CONCLUSIONS ON THE APPLICATION OF D.L. EVANS BANK FOR A SPECIAL USE PERMIT RENEWAL ALLOWING AUTOMOTIVE SALES, ON THE PROPERTY DESCRIBED AS TAX 3, BLOCK A-170, JEROME TOWNSITE, SW 19-8-17, MORE COMMONLY KNOWN AS 980 SOUTH LINCOLN AVENUE, JEROME, IDAHO. A public hearing on the application of D.L. Evans Bank, concerning the use of real property located at 980 South Lincoln Avenue, Jerome, Idaho, for a special use permit renewal was held, pursuant to notice, on Tuesday, June 10, 2025, at City Council Chambers with all members of the public, in a format allowing participants to hear the meeting, including all deliberations by Commissioners and other speakers addressing the Commission in person and to comment if so desired, all of which was noted in the agenda. The physical meeting was held at 100 East Avenue A, Jerome, Idaho. Staff Report: City Planner, Ida Clark, provided a brief background and staff report on the application and on the property. Ms. Clark stated D.L. Evans Bank received a Special Use Permit for automotive sales in April 2019 and renewed it in May 2020. The automotive sales are conducted on the bare lot north of the bank parking lot. The area does not impact the entrance or parking of neighboring businesses. D.L. Evans Bank allows individuals to park for sale by owner vehicles, trailers, and RVs for up to two weeks. They do not allow junked or salvage vehicles. Staff have not received any complaints or concerns during the last five years. Mr. Human is asking for a renewal of the permit with no changes. The property in question, 980 South Lincoln Avenue, is currently zoned General Business The proposed use, automotive sales, requires a Special Use Permit from the Planning and Zoning Commission. Ms. Clark stated Title 8 of the JMC states vehicles placed on the property shall not be abandoned, wrecked, or junked as defined in 8.16.040 of the JMC. Ms. Clark stated if the Commission asks for the permit to be renewed, the original conditions were as follows: vehicles not to be parked for more than two weeks at a time; vehicles will be parked on private property and not in the public right-of-way; and comply with all city, state, and federal requirements. She stated that the bank is responsible for ensuring the vehicles comply with the two-week condition, as the City is unable to enforce it. She will leave that condition up to the Commission. ---PAGE BREAK--- If approved, Ms. Clark recommended the following conditions: Vehicles shall be parked on private property and not in the public right-of-way; Comply with all city, state, and federal requirements; and Special Use permit shall be permanent. Applicant Testimony: Kelly Human, resident of Jerome County, appeared and testified before the Commission, representing D.L. Evans Bank. Mr. Human stated he is the manager for D.L. Evans. He stated they have not sold any repo in the last four years. He stated the cars are from people who come and ask. They have had to police the parking lot, as they require sellers to sign a liability waiver, and other people drop off their vehicles without permission. They are going through the vehicles now to ensure they have the necessary paperwork to be there. Mr. Human apologized for not being able to attend the last meeting. Upon inquiry from Commissioner Schroeder, Mr. Human stated that anyone can come and ask to put their vehicles on the lot, but they have to sign a release stating that D.L. Evans Bank is not liable for the vehicle. He stated that the larger lots make it easier for customers who have larger vehicles or are pulling trailers to come into the bank. Upon inquiry from Commissioner Schroeder, Mr. Human stated he has not had a limit on the vehicles that are allowed, but he does not want it to get full. He stated there are people who also park on that larger lot. Testimony in Neutral: None. Testimony in Favor: None. Testimony in Opposition: None. The Jerome City Planning and Zoning Commission having heard the testimony presented, and having reviewed the application, Ms. Clark’s report, and the other documents and material in the file, and having heard the testimony given verbally at the hearing enters its findings and conclusions as follows: I. Findings A. 980 South Lincoln Avenue, is in the City of Jerome and is currently zoned General Business B. The proposed use, specifically limited to automotive sales, requires a special use permit to operate in C-2 zones. C. JMC 17.14.010 provides the standards for special use permits. ---PAGE BREAK--- D. The proposed use is harmonious with the general objectives of the comprehensive plan in that it serves a community need. E. The proposed use is harmonious and appropriate in appearance with the existing and intended character of the general vicinity in that there is no proposal to modify the business. F. The proposed use will not be hazardous or disturbing to existing or future neighboring uses. G. No additional public facilities will be necessary for the proposed use. H. The proposed use will not be detrimental to the economic welfare of the community and will not involve activities, materials, equipment, or conditions that will create excessive traffic, noise, smoke, fumes, glare, or odors. We find the parking concern to be minimal as there is adequate parking on the premises. I. The vehicle approaches to the property will not create an interference with traffic or the public right-of-way. J. The proposed use will not result in the destruction, loss or damage of a natural scenic or historic feature of major importance. II. Conclusions A. A special use permit is required for the applicant to allow automotive sales in the C-2 zone for the City of Jerome. B. A special use permit is consistent with the City of Jerome Comprehensive Plan. C. The Commission approves the application of D.L. Evans Bank for a special use permit allowing vehicle sales located at 980 South Lincoln Drive, Jerome, Idaho, subject to the following conditions: a. Vehicles shall be parked on private property and not in the public right-of-way; b. Comply with all city, state, and federal requirements; and c. Special Use Permit shall be permanent. These findings and conclusions, having been adopted by the Jerome City Planning and Zoning Commission on the 8th day of July, 2025, in support of the decision of the Planning and Zoning Commission on 10th day of June, 2025 to approve the application as specified herein is hereby made final this 8th day of July, 2025. ROD MINK, Chairman of the Board ---PAGE BREAK--- Jerome City Planning and Zoning Please be advised Chapter 17.70, Section 17.70.080 of the Jerome Municipal Code provides guidance on how to appeal a decision by the Commission. The appeal must be made by filing a written appeal form with the City Clerk within ten (10) days of the mailing of the decision to the applicant. Remedies before the City of Jerome on such matters shall not be deemed to have been exhausted until a decision on such an appeal has been made by the City Council. Under Idaho Code, you also have 28 days from the date of approval of the Findings and Conclusions to request a regulatory takings analysis pursuant to Idaho Code 67-8003(2). C. Findings and Conclusions for a request from Jacob Whitney for a Special Use Permit allowing residential use, five studio units, in the CBD zone, on the property described as Lot 25 BLK 75 Jerome Townsite (SE 13-8-16), more commonly known as 228 West Main Street, Jerome, Idaho. D. Findings and Conclusions for a request from Juan Caldera for a Front Yard Setback Variance for a front porch, on the property described as Lot 20 BLK 8 Magic Meadows Sub #2 (SE 7-8-17), more commonly known as 748 18th Avenue East, Jerome, Idaho. FINDINGS AND CONCLUSIONS ON A REQUEST FROM JUAN CALDERA, FOR A FRONT YARD SET BACK VARIANCE TO ALLOW A FRONT PORCH ON THE PROPERTY DESCRIBED AS LOT 20 BLOCK 8 MAGIC MEADOWS SUBDIVISION #2 (SE 7-8-17), MORE COMMONLY KNOWN AS 748 18th AVENUE EAST, JEROME, IDAHO A Public Hearing at the request of Juan Caldera, for a front yard setback variance allowing a front porch, on the property commonly known as 748 18th Avenue East, Jerome, Idaho, was held, pursuant to notice, on Tuesday, June 10, 2025, at City Council Chambers with all members of the public, in a format allowing participants to hear the meeting, including all deliberations by Commissioners and other speakers addressing the Commission and other speakers addressing the Commission in person and to comment if so desired, all of which was noted in the agenda. The physical meeting was held at 100 East Avenue A, Jerome, Idaho. Staff Report: City Planner, Ida Clark, provided a staff report and background on this request. Ms. Clark stated the home at 748 18th Ave East was built around the mid to late 1980s. The original home does not include a front porch. The Jerome Municipal Code (JMC) has been updated several times over the last 45 years. The Applicant would like to add a front porch similar to the one shown in the included picture. The property in question, 748 18th Ave East, is currently zoned Residential 1 Per JMC, 17.03.710: Setback Line, “A line established by this title, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located aboveground except as may be provided herein.” Setbacks for the R-1 zone are as follows: Front- 25’; Rear- 20’; Side- and Street Side- 15’. The ---PAGE BREAK--- home is set back 25 feet from the property line. Per JMC, 17.14.020, B: Note Conditions: Setback reductions (to be measured from the foundation to the property line): Open structures such as porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered part of the building to which it is attached and shall not project more than fifteen feet (15') into the required rear yard setback; A garage, carport or other accessory building detached from a residential structure may be constructed within three feet from the rear and side property line within the zones and for the yards indicated. Ms. Clark stated the code is silent on front porches. Therefore, staff will apply the 25-foot front yard setback to all structures. Ms. Clark stated the applicant requests a variance on the front yard setback requirement of 25’ to construct an open front porch. Ms. Clark went over the Variance criteria with the Commission. Regarding Criteria A: That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. Porches are allowed to extend into the rear and side setbacks, but the code is silent on front porches, denying those the right to build a porch if they did not build the house themselves. Regarding Criteria B: That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title. Because the code is silent on front porch setbacks, it is assumed that the intent was for any structure in the front yard to conform to the 25’ setback. A literal interpretation to comply with the current 25’ setback would deny the applicant the right to construct an open front porch. Regarding Criteria C- That special conditions and circumstances do not result from the actions of the Applicant. The application notes that they did not build the existing house, and they would like to make improvements to the home. Regarding Criteria D- That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district. The application notes granting the variance will not confer any special privilege on the Applicant. They believe it would enhance the home’s appearance, and the addition will blend well with the neighborhood. Ms. Clark sent the application out to City staff and received the following comment: There is a 15-foot utility easement on 18th Avenue East. The porch cannot impede the easement. This would allow them to have 10 feet to build the porch. ---PAGE BREAK--- If approved, Ms. Clark recommended the following conditions: Front porch will not extend into the side yard or encroach into the 15-foot utility easement; and comply with all City, State, and Federal requirements. Upon inquiry from Chairman Mink, Ms. Clark stated they do not have a set amount of feet for the porch, and they would only have 10 feet to work with because of the easement. She stated it would be measured from the bottom of the first step to the property line. Upon inquiry from Chairman Mink, Ms. Clark stated when they use any concrete, it then becomes part of the structure. They could put a porch without a cover, as long as it does not encroach within the easement. Most easements are now only 10 feet wide, but when the property was originally built, it was platted at 15 feet. Applicant Testimony: Juan Cortez Lopez, resident of Jerome, appeared and testified before the Commission. After being sworn in, Mr. Cortez Lopez stated they are wanting to build a front porch. They would like to go five feet from the front door out and 10 feet wide, but are willing to comply with what the Commission agrees. They are looking for shade. Upon inquiry from Chairman Mink, Mr. Cortez Lopez stated they are not looking to add concrete steps. Upon inquiry from Commissioner Schroeder, Mr. Cortez Lopez stated he is the son of Juan Caldera. Testimony in Favor: None. Testimony in Neutral: None. Testimony in Opposition: None. The Jerome City Planning and Zoning Commission having heard the testimony presented, and having reviewed the application, testimony, and the other documents and material in the file, and having heard the testimony given verbally at the hearing enters its findings and conclusions as follows: I. Findings A. The parcel of land commonly known as 748 18th Avenue East, Jerome, Idaho, is currently zoned Residential 1 B. The R-1 zone pursuant to Title 17 of the City of Jerome Municipal Code, has a front setback of 25 feet, a rear setback of 20 feet, an interior side setback of 7 feet, and a street side setback of 15 feet. ---PAGE BREAK--- C. The purpose of the variance is to allow front yard setback variance to allow the Applicant to construct a front porch with a setback of the 25’ requirement. II. Conclusions A. The application is consistent with development standards and objectives for the R-1 Zone. B. This variance is granted, to allow a reduced front yard setback for a porch on the property located at 748 18th Ave East, Jerome, Idaho, finding granting the variance will not confer on the Applicant any special privilege that is denied by this title to other lands or structures and the following conditions shall be: 1. The front porch shall not encroach into the 15’ front utility easement; and 2. Comply with all City, State, and Federal requirements. These findings and conclusions, having been adopted by the Jerome City Planning and Zoning Commission on the 8th day of July, 2025, in support of the decision of the Planning and Zoning Commission on the 10th day of June, 2025, to approve the application for a preliminary plat is hereby made final this 8th day of July, 2025, subject to appeal by an interested party within the prescribed period under Idaho law. ROD MINK, Chairman of the Board Jerome City Planning and Zoning Please be advised Chapter 17.70, Section 17.70.080 of the Jerome Municipal Code provides guidance on how to appeal a decision by the Commission. The appeal must be made by filing a written appeal form with the City Clerk within ten (10) days of the mailing of the decision to the applicant. Remedies before the City of Jerome on such matters shall not be deemed to have been exhausted until a decision on such an appeal has been made by the City Council. Under Idaho Code, you also have 28 days from the date of approval of the Findings and Conclusions to request a regulatory takings analysis pursuant to Idaho Code 67-8003(2). Ms. Elliott stated Item C on the consent agenda was inadvertently kept on the agenda. The hearing was never held as the applicant withdrew their application. Commissioner Fraser motioned to approve the consent agenda as presented, with Item C to be removed. Seconded the motion by Commissioner Reed and carried. After consideration, the motion passed by the following votes: AYE: Commissioner Jeff Schroeder, Commissioner Ben Reed, and Commissioner Shonna Fraser. NAYE: None ---PAGE BREAK--- DISCUSSION PERIOD & STAFF REPORTS We have a special meeting scheduled for Wednesday, July 23rd. There are two Public Hearings for Ordinances. There may be a few people to listen to the noise ordinance. Ms. Clark stated that August may have a full agenda, but we have not received any applications as of yet. She is trying to have only one meeting every month. Ms. Clark stated the November meeting is scheduled for Veterans Day. She will keep an eye on the applications and let everyone know if the meeting is moving or cancelled. Upon inquiry from Acting Chairman Johnson regarding the Main Street construction, Ms. Clark stated there were some errors that were found in the original design, so they are currently working on fixing those. They may not send the project out to bid until next summer. She reminded the Commission it will be a complete reconstruction of Main Street from Birch to Buchanan. They will be replacing the curb, gutter, sidewalk, pedestrian lights, irrigation, etc. ITD will also be replacing the light at Main and Lincoln, designed to be smaller and pushed back. Trucks will still not be able to turn onto Lincoln from Main Street. Commissioner Schroeder inquired about the funding for the South Fillmore project. Ms. Clark stated she will inquire to see if there is more funding in the next budget. She stated it is a priority project. Commissioner Schroeder inquired about the Freedom Fest event. A brief discussion was held on the success of this year’s Freedom Fest, suggestions for future events, and the closure of the grandstands to watch the fireworks. Ms. Clark stated that they are hoping Alder & A will be open by fair week. The light poles are currently on backorder, so they are hoping to be completed by late August. Acting Chairman Johnson stated Joe Mama’s and the Jerome County Fair are in August. Commissioner Reed inquired about the weeds on the empty lot south of Dairy Queen and also the subdivision on 16th and Lincoln. Commissioner Fraser inquired what the city can do for a house on East Ave E that has no windows and is packed full of junk. Ms. Clark stated she will look into that address. Without further discussion, Acting Chairman Johnson closed this regular meeting at 8:04 p.m. Rod Mink, Chairman Katie Elliott, Secretary ---PAGE BREAK--- FINDINGS AND CONCLUSIONS ON APPLICATION OF SOUTH TIGER DR. LLC-CHRIS ANDERSON, CASEY ANDERSON FOR A LOT SPLIT ON THE PROPERTY DESCRIBED AS JEROME UNPLATTED TAX 2215519 OF NESE SEC 19-8-17, MORE COMMONLY KNOWN AS THE CULTIVATED FARM GROUND TO THE EAST OF 800 BLK EAST AVE I, J, AND K (HOVEY SUBDIVISION), SOUTH OF 821 EAST AVE H, AND WEST OF THE EAST AVE K CUL-DE-SAC, JEROME, IDAHO, CONTAINING APPROXIMATELY 23 ACRES A public hearing on the application of South Tiger Dr. LLC- Chris Anderson, Casey Anderson, concerning the use of real property described herein within the City of Jerome, Idaho, for a special use permit was held, pursuant to notice on Tuesday, July 8, 2025, at City Council Chambers with all members of the public, in a format allowing participants to hear the meeting, including all deliberations by Commissioners and other speakers addressing the Commission, whether in person and to comment if so desired, all of which was noted in the agenda. The physical meeting was held at 100 East Avenue A, Jerome, Idaho. Staff Report: Ms. Clark stated the property previously came in for a Special Use Permit. The property in question is approximately 23 acres and is zoned General Business The proposed lot split requires approval from the Planning and Zoning Commission. This is a bare parcel that is farmed. There is no minimum lot size for the C-2 zone. The lot split is subject to Section 16.16.045. As pertains to the Jerome Comprehensive Plan, Ms. Clark stated the application meets the following objectives within Chapter Four – Our Built Environment. Ms. Clark went over the Lot Split Criteria with the commission. The applicant submitted a pre-application with a copy of the sketch plan. The applicant has provided proof of ownership and a signed contract with the current property owner. Ms. Clark stated the commission must find the application meets the following criteria to be approved: Split one lot into two (a “lot split”); The proposed lot split will not have a substantial impact on present or proposed public utilities, streets, and parks; Is consistent with the Comprehensive Plan; Both resulting lots will meet minimum size and minimum lot size requirements for the relevant zone; and Each lot has a minimum of twenty-five feet (25’) of street frontage. The application proposes splitting one lot into two. Parcel A will be approximately 13 acres, and Parcel B will be approximately nine acres with no dwelling units. The remaining area will be dedicated for public right-of-way. The application states that there will be no substantial impact on public utilities for a lot split. The parcel is currently farmland. Sewer and water are available for future development. The request is consistent with the Comprehensive Plan. Each lot will allow future development with access and utility connections. Each lot will exceed the minimum 25’ street frontage requirement per the Jerome Municipal Code. Parcel A could have access from East Ave I and East K Ave. Parcel B could have access from East K Avenue and the future Jackson Street. It is noted that Parcel B will not be allowed access from South Tiger Drive. ---PAGE BREAK--- Ms. Clark stated the notice regarding the proposed lot split was sent to local taxing districts. The North Side Canal Company letter is included and shared with the applicant. If approved, Ms. Clark recommended the following conditions: The lot split shall meet all City of Jerome Department requirements of construction and any other needed improvements; Final Record of Survey and Deeds will be recorded at the County and provided to the City once recorded; and Comply with all city, state, and federal requirements. Upon inquiry from Acting Chairman Johnson, Ms. Clark stated the zoning will remain the same. There is not a minimum lot size but there is a maximum build for that zone. Applicant Testimony: Justin Scheel, a resident of Filer, stated that they recently received a SUP for housing on this property. This request will facilitate the need to not only retain the commercial zoning, but will also help them develop the roads within the development for the city right of way. Upon inquiry from Acting Chairman Johnson, Mr. Scheel went over where the roads would be within the development. He stated they will need a few more fire hydrants installed with the additional roads. Testimony in Favor: None. Testimony in Neutral: None. Testimony in Opposition: None. There being no further testimony, Acting Chairman Johnson closed the Public Hearing. The Jerome City Planning and Zoning Commission, having heard the testimony presented and having reviewed the application, Ms. Clark’s report, and the other documents and material in the file, it enters its findings and conclusions as follows: I. Findings A. The property described above is in the City of Jerome and is currently zoned General Business B. The proposed lot split will divide one lot into two lots. C. The request is harmonious with the objective of the Jerome Comprehensive Plan, specifically 16.16.045, allowing a lot split without a subdivision. D. It does not appear that the proposed lot split will have a substantial impact on present or proposed public utilities, streets, and parks. E. Minimum lot size and access requirements are satisfied with the split. II. Conclusions A. The Commission holds this lot split to be appropriate pursuant to JMC 16.16.045. B. The Commission approves the application of South Tiger Dr. LLC- Chris Anderson, Casey Anderson, represented by Justin Scheel, of Filer, Idaho, for a lot ---PAGE BREAK--- split on the property described as Jerome Unplatted Tax 2215519 of NESE SEC 19-8-17, more commonly known as the cultivated farm ground to the east of 800 blk East Ave I, J, and K (Hovey Subdivision), south of 821 East Ave H, and west of the East Ave K cul-de-sac, Jerome, Idaho, containing approximately 23 acres, subject to the following conditions: a. The lot split shall be from one lot of 41.3 acres into two parcels, Parcel A being 13 acres and Parcel B being 9 acres; b. The lot split shall meet all City of Jerome Department requirements pertaining to construction and any other needed improvements; c. Any future divisions of land will require subdivision review and approval as outlined in the Jerome Municipal Code; and d. Comply with all city, state, and federal requirements. These findings and conclusions, having been adopted by the Jerome City Planning and Zoning Commission on the 23rd day of July, 2025, in support of the decision of the Planning and Zoning Commission on the 8th day of July, 2025, to approve the application as specified herein is hereby made final this 23rd day of July, 2025. ROD MINK, Chairman of the Board Jerome City P&Z Commission Please be advised that Chapter 17.70, Section 17.70.080 of the Jerome Municipal Code provides guidance on how to appeal a decision by the Commission. The appeal must be made by filing a written appeal form with the City Clerk within ten (10) days of the mailing of the decision to the applicant. Remedies before the City of Jerome on such matters shall not be deemed to have been exhausted until a decision on such an appeal has been made by the City Council. Under Idaho Code, you also have 28 days from the date of approval of the Findings and Conclusions to request a regulatory takings analysis pursuant to Idaho Code 67-8003(2). ---PAGE BREAK--- FINDINGS AND CONCLUSIONS ON APPLICATION OF PEYTON LOOKINGBILL, AN AGENT FOR IDAHO MILK PRODUCTS, INC., FOR A SPECIAL USE PERMIT ALLOWING BUILDING SIGNS TO EXCEED THE MAXIMUM HEIGHT AND SQUARE FOOTAGE IN THE HEAVY INDUSTRIAL ZONE, ON THE PROPERTY DESCRIBED AS TAX 2501056 OF SE JEROME UNPLATTED 30-8-17, MORE COMMONLY KNOWN AS 800 DAIRY DRIVE, JEROME, IDAHO A public hearing on the application of Peyton Lookingbill, an agent of Idaho Milk Products, Inc., concerning the use of real property described herein within the City of Jerome, Idaho, for a special use permit was held, pursuant to notice, on Tuesday, July 8, 2025, at City Council Chambers with all members of the public, in a format allowing participants to hear the meeting, including all deliberations by Commissioners and other speakers addressing the Commission. The physical meeting was held at 100 East Avenue A, Jerome, Idaho. Staff Report: Ms. Clark stated this signage is for the new Idaho Milk Products (IMP) ice cream facility, located in a heavy industry (M-2) zone. Currently, there is no signage located on the facility. IMP is requesting the placement of two LED illuminated building signs, facing east and west. The proposed signs exceed the 200 square-foot maximum and the 35-foot height maximum. The applicant is requesting a special use permit to exceed the total square footage and height limitations due to the size of the building and to enhance visibility. Ms. Clark stated staff can only approve up to 200 sq. ft. maximum and a 35’ maximum height. To exceed those limits, the applicant would need to request a Special Use Permit from the commission. This parcel is not located within the Interstate Sign Overlay District as described in 17.10.020. L. 7. The Jerome Municipal Code does not address lighting for building signs. Ms. Clark went over the General Standards for Special Uses with the commission. Regarding Standard A- Will, in fact, constitute a special use as established in section 17.60.060 of this chapter for the zoning district involved. The Planning and Zoning Code allows a building sign to exceed the square footage with an approved special use permit. Regarding Standard B- Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title. The request appears to be in harmony with the objectives of Title 17 of the Jerome Municipal Code, as well as the Comprehensive Plan. Regarding Standard C- Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and such use will not change the essential character of the same area. The application indicates the signs will be constructed of professional, all-weather material. The placement of the new signs will not breach the eave line. The property is not in the Interstate Sign Overlay District. It is noted that the Interstate Sign Overlay District allows signage up to 700 square feet if there are two businesses on a parcel. Idaho Milk Products received a special use permit that allows signage to exceed 200 square feet on their existing building, which measures 900 square feet in total. ---PAGE BREAK--- Regarding Standard D- Will not be hazardous or disturbing to existing or future neighboring uses. The application states the sign will not be a disturbance to neighboring uses. The neighboring businesses are also located in the high industrial zone, featuring similar signage. Regarding Standard E- Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. The application notes that the sign will not require public facilities or services. Regarding Standard F- Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. There is no indication that the signs will create excessive additional requirements at public cost. Public facilities and services are not required; therefore, this sign will not be detrimental to the community's economic welfare. Regarding Standard G- Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. They propose matching the existing signage at 6000 kelvin, which is common in commercial and industrial areas. Regarding Standard H- Will have vehicular approaches to the property, which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares. There is no change to the vehicular approaches to the property. Regarding Standard I- Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance. There is no indication that the sign will result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Ms. Clark went over the Design Review guidelines with the commission. Regarding Guideline A- Promote sign design and placement that reflects the community’s desire for human scale regarding height, proportion, site features, shapes, and materials. The sign appears to promote sign design and placement. This parcel is not located in the interstate overlay district. Regarding Guideline B- Signs must be produced using professional workmanship without hand lettering or with a sloppy or garish paint job. The application indicates the signs will be professionally manufactured and installed. Regarding Guideline C- The primary sign(s) for a business must be constructed of permanent materials. Unacceptable temporary materials include but are not limited to paper, cardboard, vinyl banner, fabric, poster board, and unfinished wood. The application indicates that the signs will be constructed of aluminum, acrylic, and vinyl, which are weather-resistant. ---PAGE BREAK--- If approved, Ms. Clark recommended the following conditions: Illumination shall not exceed 6000 kelvins; and obtain any building and electrical permits before installing the sign. Ms. Clark showed the commission the proposed signage. Upon inquiry from Acting Chairman Johnson, Ms. Clark stated that, given the large size of the building, the signage needs to be larger to be visible. Applicant testimony: Marcus Lutz, a resident of Jerome and representative of Lytle Signs, stated that Idaho Milk Products is seeking a sign to represent their ice cream facility. He stated for the sign to look appropriate, they need a larger sign. He stated that the sign will not exceed the height of the building. Testimony in Favor: None. Testimony in Neutral: None. Testimony in Opposition: None. The Jerome City Planning and Zoning Commission, having heard the testimony presented and having reviewed the application, and the other documents and material in the file, and having heard the testimony given verbally at the hearing, enters its findings and conclusions as follows: I. Findings A. The property described herein is within the City of Jerome and is currently zoned Heavy Industrial B. The proposed use, allowing signage to exceed 200 square feet, requires a special use permit to operate in all zoning districts. C. JMC 17.32.040 and JMC 17.60.060 provide the standards for special use permits. Specifically, JMC 17.32.050(F)(2) allows for signage exceeding 200 square feet in all zoning districts by special use permit only. D. The proposed use is harmonious with the general objectives of the comprehensive plan in that a sign such as this promotes economic development and growth by providing a means of distributing information to the public with greater ease. E. The proposed use is harmonious and appropriate in appearance with the existing and intended character of the general vicinity in that it is located in an M-2 area and sign criteria limit the impact on neighboring uses. II. Conclusions A. A special use permit is required for the Applicant to install signage to exceed 200 feet in a M-2 zone, on the above described property. B. The Commission approves the application of Peyton Lookingbill, an agent of Idaho Milk Products, Inc., for a special use permit allowing signage in excess of 200 square feet located at the property described herein, within the City of Jerome, Idaho, subject to the following condition: ---PAGE BREAK--- 1. The illumination of the sign shall not exceed 6000 kelvins; 2. Applicant obtains any building and electrical permits before installing, and; 3. The special use permit shall be permanent. These findings and conclusions, having been adopted by the Jerome City Planning and Zoning Commission on the 23rd day of July, 2025, in support of the decision of the Planning and Zoning Commission on 8th day of July, 2025, to approve the application as specified herein is hereby made final this 23rd day of July, 2025. ROD MINK, Chairman of the Board Jerome City Planning and Zoning Please be advised that Chapter 17.70, Section 17.70.080 of the Jerome Municipal Code provides guidance on how to appeal a decision by the Commission. The appeal must be made by filing a written appeal form with the City Clerk within ten (10) days of the mailing of the decision to the applicant. Remedies before the City of Jerome on such matters shall not be deemed to have been exhausted until a decision on such an appeal has been made by the City Council. Under Idaho Code, you also have 28 days from the date of approval of the Findings and Conclusions to request a regulatory takings analysis pursuant to Idaho Code 67-8003(2).